Fair Housing Practices Amendment Act of 2026
A new law changes how District landlords may bill tenants for fees.
The Fair Housing Practice Amendment Act of 2026 (D.C. Law 26-156) prohibits landlords from charging tenants fees for services required to maintain a rental unit in a condition consistent with the implied warranty of habitability. These include service, administrative, or similar fees for access to utilities such as water, sewer, and trash service. The Act also requires landlords to notify former tenants in writing of any outstanding balances after moveout. You can find the law here.
In addition, the District has published a revised Tenant Bill of Rights, and a new pet fee law is now effective.
The main takeaways are:
Submetered billing and service fees mostly prohibited
Landlords are now prohibited from charging tenants fees, such as administrative or third-party fees, to pay for electricity, gas, waste and sewage, water, or internet and telephone service. Landlords also cannot charge trash or lock fees.
These prohibited fees are distinct from charges for utilities, which remain permissible. The law also expressly allows landlords to charge tenants for utilities using a Ratio Utility Billing System (RUBS).
Beginning January 1, 2027, landlords will also be prohibited from separately billing tenants for utility charges attributable to vacant units and common spaces, including lobbies, leasing offices, business centers, pools, and fitness centers.
RUBS expressly allowed
The Act expressly allows landlords to use RUBS to allocate master-metered utility charges to tenants, provided that the allocation formulas are based on square footage, occupancy, or number of bedrooms. Landlords should clearly disclose to prospective tenants in rental applications how each utility is billed at the property, including how the charges are calculated and the specific billing method used for each utility.
Post-moveout notice process outlined
The Act also establishes a timeline for landlords to address unpaid balances on tenants’ accounts after moveout.
Within 45 days after a tenancy terminates, the landlord must send the tenant written notice containing: (a) any unpaid balance, including rent arrears, charges for damage beyond ordinary wear and tear, and post-moveout charges to the landlord; (b) photographs or other documentation of the unpaid amounts; (c) a statement informing the tenant of the right to dispute the amounts; and (d) the landlord’s contact information.
The tenant then has 30 days after service to dispute the unpaid amounts. The landlord has 10 days after receiving the tenant’s response to respond in writing.
The landlord must retain documentation showing that the tenant was served with the initial notice for at least 60 days before sending the unpaid amount to a debt collector.
Tenant Bill of Rights
The Tenant Bill of Rights was revised on September 25, 2026. You can find the new version here.
The Pets in Housing Amendment Act
The prohibition on breed, size, and weight restrictions in new residential leases under the Pets in Housing Amendment Act of 2024 took effect on October 1, 2026.
The limitations on pet security deposits became effective October 1, 2025.
You can review the Pet Law here.
Next Steps
As always, we are here to answer questions about this new legislation. If you have any questions, please call our office at 202-269-3333.
